208.
| (1) The Director, if he has reason to believe (whether on a complaint or otherwise) that a ship in any Port in Ceylon is an unsafe ship, may order the provisional detention of the ship as an unsafe ship for the purpose of being surveyed. |
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| (2) Where a ship has been provisionally detained by order under sub-section (1)-
| | (a) a written statement of the grounds of the detention of such ship shall forthwith be served on the master of the ship; | | |
| | (b) in the case of a foreign ship, a copy of such order shall forthwith be served on the Consular officer for the country to which the ship belongs at or nearest to the port in which the ship may be; | | |
| | (c) the Director may, if he thinks fit, appoint some competent person or persons to survey the ship and report thereon to him; | | |
| | (d) the owner or master of the ship may, at any time before any person or persons appointed under paragraph (c) to survey the ship make such a survey, require such person or persons to be accompanied by such person as the owner or master may select from the list of assessors for the Court of Survey for the port referred to in section 217, and in that case, if all such persons agree the Director shall cause the ship to be detained or released accordingly as the circumstances may require (but without prejudice to any appeal under sub-section (4) ) or, if they do not agree, shall act as if such requisition had not been made; | | |
| | (e) in the case of a foreign ship, the Consular officer referred to in paragraph (b) may, on the request of the owner or master of the ship, require that any person or persons appointed under paragraph (c) shall be accompanied by such person as the Consular officer selects and, if all such persons agree, the Director shall cause the ship to be detained or released, as the circumstances may require (but without prejudice to any appeal under subsection (4) ) or, if they do not agree, shall act as if such requisition had not been made. | | |
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| (3) The Director, on receiving the report, on a ship referred to in sub-section (2), may either-
| | (a) order the ship to be released; or | | |
| | (b) if in his opinion the ship is unsafe, (and subject to sub-section (4) ) order her to be finally detained, either absolutely or until the compliance with such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo, or the manning of the ship, as he thinks necessary for the protection of human life, | | |
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| (4) Before an order for the final detention of a ship under sub-section (3) is made, a copy of the report on the ship referred to in paragraph (c) of sub-section (2) shall be served upon the master of the ship and within seven days of such service the owner or master of the ship may appeal in the prescribed manner to a Court of Survey constituted under Part VIII. |
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| (5) Where a ship has been provisionally detained under sub-section (1), the Director may at any time, if he thinks it expedient, refer the matter to the Court of Survey constituted under Part VIII. |
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| (6) The Director may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions. |
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Sri Lanka Consolidated Acts